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Home My WebLink AboutOrdinance 14862a ~. . ~ `e CITY OF LAKE WORTH ORDINANCE NO. (e~1~ CITY OF FORT WORTH ORDINANCE NO. ~~~„ ~ JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, the City of Lake Worth is a home rule city located m Tarrant County, Texas, WHEREAS, the City of Fort Worth is a home rule city located m Tarrant, Johnson and Denton Counties, Texas, WHEREAS, Fort Worth and Lake Worth share a common boundary; WHEREAS, Bivoy-Nevada, LLC proposes to develop a residential subdivision to be known as Charbonneau Cove (the "Development"), WHEREAS, 3.2838 acres of the Development are located in Fort Worth and 1 6 acres of the Development are located m Lake Worth, WHEREAS, the parties recognize that development is more desirable if located m one jurisdiction, WHEREAS, Robert Webber is the owner of Block 1, Lot 7, Charbonneau Cove Addition, located adjacent to the western boundary of the Development, on which a single- family home has been constructed, WHEREAS, the ma~onty of Block 1, Lot 7 is located in Fort Worth but the southern tip of the lot is located m Lake Worth, WHEREAS, Section 43 031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet m width, WHEREAS, the portion of the Development located in Lake Worth and the southern tip ~~a~~a~ ~~~oao cap ~~~~~~~ of Lot 7 are less than 1,000 feet in width, WHEREAS, the City of Lake Worth and the City of Fort Worth desire to adjust their corporate boundary lines so that the entire Development and all of Block 1, Lot 7 are located in Fort Worth, NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF LAKE WORTH AND THE CITY COUNCIL OF THE CITY OF FORT WORTH: ` SECTION 1. Pursuant to Section 43 031 of the Texas Local Government Code, the City of Lake Worth and the City of Fort Worth hereby agree that the boundary line between the cities will be adjusted in order to incorporate all of Block 1, Lot 7, Charbonneau Cove Addition, and approximately 1 6 acres owned by Bivoy-Nevada, LLC into the City of Fort Worth (collectively, the "Property") The boundary line between Lake Worth and Fort Worth shall be the line described in Exhibit "A" and depicted as the southern boundary of the shaded area shown in Exhibit "B" attached and incorporated by reference. SECTION 2. In accordance with the terms of this Ordinance and Agreement, the City of Lake Worth hereby relinquishes the Property to the Crty of Fort Worth and disannexes and discontinues the Property as a part of the City of Lake Worth. SECTION 3 In accordance with the terms of this Joint Ordinance and Agreement, the City of Fort Worth accepts and annexes the Property into its corporate limits. 2 SECTION 4 This ordinance shall be cumulative of all provisions of ordinances of the City of Lake Worth and the City of Fort Worth, except where the provisions of this ordinance are m direct conflict with the provisions of~such ordinances, m which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Councils of Lake Worth and Fort Worth that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not affect any of the remaimng phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. The City of Lake Worth and the City of Fort Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 7. The City of Fort Worth and the City of Lake Worth agree and ordain that the adoption by both cities of this Joint Ordinance and Boundary Agreement, and the boundary change resulting therefrom, do not mitigate, dimimsh or lessen in any way the nghts that either party may have, at 3 law or m equity, to challenge or contest any other annexations, attempted annexations or extratemtonal ~unsdiction claims made by the other party SECTION 8. This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon the City of Lake Worth and the City of Fort Worth by the adoption of same in regular open city council meetings of the City of Lake Worth and the City of 1~ort Worth. SECTION 9. This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be executed in duplicate ongmals by the Mayor of each city PASSED AND APPROVED, by the Crty Council of the City of Lake Worth on this ~3~ day of November, 2001 ATTEST BY Wal,.Q~M " ~- Walter Bowen, Mayor ~ ~ Crty of Lake Worth oe High o e Worth APPROVED AS TO FORM AND LEGALITY: ~~L.. V~ Wayne K. Olson, City Attorney City of Lake Worth 4 ~~day of November, 2001 ~~x , ATTEST ~~.. `"' ,'.: ~~. .-,:..j. Gr1L~~Pea~son, Crty C~jty-orFort Worth . APPROVED `AS TO FORM AND LEGALITY: G~ David L. Yett, Crty Atto City of Fort Worth BY `~u..LL,~.~~ Kenneth Barr, Mayor City of Fort Worth ~~~~C~Bad ~~C~OQ~ ~o ~1GG~~ ~~~ PASSED AND APPROVED, by the City Council of the City of Fort Worth on this David C. ~o~ ~ iYeyors, )Inc. - Re$istered ~Fo~'Fs51,y_ 1 Land Surveyors • Acreage David C. Moak, R.P.L.S. Texas New Mexico Arizona ~ Nevada • Toposranhy Conaultanl • Subdivisions • Loan Surveys David W Myers, R.P.L.S. • Investigative 5urvcys President CITIES.OF FORT WORTH AND LAKE WORTH • Construction Layout C1TY LIMITS LINE A(3RF.EMENT ALL of that certain Line situated in the MOS)?S TOWNSEND SURVEY, ABSTRACT 1SS2, in the City of Lako Worth, Tarrant County, Texas end bQirtg along a portion of the south boundary line of that same tract. described to W.B. Parker, III as recorded in Volume 10226, Page 1202, Deed Records, Tatrattt County, Texas and being more parricularly described by metes and bounds as follows: BECIINNING at a 1/2 inch capped steal rod stamped "MOAK SURV iNC" found at the most easterly southeast corner of said Lot 6 and being in the westerly right-of--way line of Renck Drive (old Nine Mile Bridge Road); THENCE South 24 degees S2 minutes 33 seconds Fast with said westerly right-of--way line, 110 6S feet to a 1 inch steel rod found m said westerly right-of--way line, said point being the most easterly southeast corner of said Parker tract and being in the north lino of that same tract described ro Thurman Renck as recorded in Volume 3490, Page 382, Deed Records, Tarrant County, Texas; THENCE South 82 degcoes 57 minutes S9 seconds West with the eoirunon li~rte of said Parker sad Reach tracts, 1,68,69 fact to a L/2 inch stAC1 rod found et the northwest oornC+' of said Renck tract; TH>uNCE 5outlt 09 degrees 2~' auautes 04 seconds East with the West line of said Reach tract, 1X9,94 feet to a 2 inch pipe found at the southwest comer of said Renck tract; THENCE South 84 degrees 03 rniautes 33 seconds West with the north Lae of those save tracts described to Joe M Bevil and wife, Ana as recorded in Voluuu 2038,. Page 345 acid Volume 4$52, Page 765, Deed Records, Tarrant County, ?exas, 144 12 feet to a S/8 inch steel rod found at the northwest corner of said Bevil tract; THENCE South 8S degrees 49 minutes 04 seconds Wesel, 50,00 feet to a 7/8 inch steel rod found at the northeast corner of that same tract desaribod to VoLna R. Bolles as rooorded is Volume 8054, Page 80 of said Decd Records; THENCE South 87 degees S9 minutes 54 seconds Wcst with the north line of said Bolles tract and conhnuuxg with tlic Moses Townsend Survey Addison as recorded in Volume 388-111, Page 97, Plat Records, Tarrant County, Taxes, 198.56 feet tv a 1 inch pipe found; THENCE South 84 degrees 43 tniautes 26 seconds West continuing with the said north line of Moses Townsend Survey Addition, 7109 fact to. a S/S inch steel rod found; • THENCE North 88 degrees 36 minutes 11 seconds West continuing afith the said north line of Moses Townsend Survey Addition, 81.99 foot to a S/8 inch steel rod found; THENCE North OS degrees 11 minutes 40 seconds West, 11 00 foot to a S/8 inch steel rod found for tlae southwest corner of Lot 7, Block 1, Charbonnoau Cove, an Addition to the Ciry of Fort Worth, Tarrant County, Texas as recorded in Cabiztet A, Slide 3592, Plat Records, Tamtot Canary, Texas; Dale; 11.01-2001 Job No.. 00-136Rdpc 105-)3 Bedford Rd. Bedford, Texas 76022-6208 Metro (8t7) 268-2211 Faz (817) X82-0401 Member Taw goclay of Profe~tlond Surveyor Qt AmedQn Co113ra~ on $ur.eylni tt t~ppin~ Exhibit A E0 3Jdd ~NI sao~~nans ~dow t0b0-Z8Z-LT8 LE bt t00Z/i0/iZ MAP LEGEND MAP REFERENCES Acres to be Ad'usted 1 80 Ma sco. 45V Zonin Ma 33-5 Count Tarrant Tad Ma .NONE Focus Area. Northwest CITY OF LAKE WORTH /CITY OF FORT WORTH u (Page 1 of 1) Project Case No DAX-01-1002 City of Fort Worth, Texas ~11~A~ar Aid Caunc~l Can~inun~cA~ian DATE REFERENCE NUMBER LOG NAME PAGE 11/20/01 PZ-2339 066REEDING 1 of 2 suB~ECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF LAKE WORTH FOR DISANNEXATION BY LAKE WORTH AND ANNEXATION BY FORT WORTH OF APPROXIMATELY 1 6 ACRES OF LAND LOCATED NORTH OF FOSTER DRIVE AND WEST OF RENCH ROAD RECOMMENDATION It is recommended that the City Council Approve the attached Joint Ordinance and Boundary Agreement with the City of Lake Worth for disannexation by Lake Worth and annexation by Fort Worth of approximately 1 6 acres of land located north of Foster Drive and west of Rench Road, and 2 Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. DISCUSSION Bivoy-Nevada, LLC is the owner and developer of a proposed residential development known as Charbonneau Cove, 3.2838 acres of which are located in the City of Fort Worth and 1 6 acres of which are located in the City of Lake Worth Bivoy-Nevada, LLC has requested that Lake Worth disannex the 1 6 acre tract and Fort Worth annex the tract so that the entire development will be contained in Fort Worth Robert Webber is the owner of a lot known as Block 1, Lot 7, Charbonneau Cove Addition, which fronts on Tompkins Corner Road and adjoins the western boundary of the proposed Charbonneau Cove development. The majority of Lot 7 is in Fort Worth, however, the southern tip of the lot is in Lake Worth Mr Webber has requested that Lake Worth disannex and Fort Worth annex the southern portion of Lot 7 so that the entire lot will be located in Fort Worth The Joint Ordinance and Boundary Agreement is scheduled for consideration by the Lake Worth City Council on November 13, 2001 Approval of the agreement by both cities will effectuate disannexation and release of the subject properties by Lake Worth and annexation of the properties by Fort Worth The subject properties are located north of Foster Drive and west of Rench Drive The properties are contiguous to COUNCIL DISTRICT 7 City of Fort Worth, Texas ~11~A~or And Council ~01111~1u111cAt1o11 DATE 11/20/01 REFERENCE NUMBER PZ-2339 LOG NAME 06BREEDING PAGE 2 of 2 SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF LAKE WORTH FOR DISANNEXATION BY LAKE WORTH AND ANNEXATION BY FORT WORTH OF APPROXIMATELY 1 6 ACRES OF LAND LOCATED NORTH OF FOSTER DRIVE AND WEST OF RENCH ROAD FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 ~~'I'O/ C~i pAf~~~ Originating Department Head: 4 6 6 1 V 1 Y NOV 2® ZDQ~ Bob Riley 8901 (from) '' ~ Additional Information Contact: ~"" `~u'"'~ City Secretory of tJte Cite of ~~~*: b'~`~r~} ' ~ Bob Riley 8901 . !, i QY.13